May 2013
Welcome!
May is here! We want to thank you for using the HR Support Center as your primary resource to obtain the latest employment law compliance updates.
HR Alerts
USCIS Revises Employment Eligibility Verification Form I-9. Effective May 7, 2013, employers must use the new Form I-9 (Rev.03/08/13). The Form I-9 Instructions and Form I-9 document are available in the HR Support Center, under the Essentials Tab.
It’s Officially Tube Top, Capri Pants and Exposed Toes Season!
Regardless of the geographic region in which you reside, it seems as soon as the flowers have begun to bloom and the days become gradually longer, the air is filled with an underlying excitement of the coming warmer summer season. Many workplaces experience another predictable annual occurrence: the metamorphosis of employees’ wardrobes and the need to revisit the Company’s dress code.
Some employers have established summer hours with compressed or flexible work weeks, incorporating a more casual dress code as well. It is recommended, however, that employers revisit the workplace attire policy with employees prior to the start of the warmer weather. This provides an opportunity for an employer to reinforce the organization’s standards on personal appearance, as well as identifying, specifically, the types of garments that are permissible and those that are prohibited.
Before the halter tops and the shoes more appropriate for the white sands of Waikiki beaches emerge within the walls of your business, it
is recommended that employers are proactive in their approach and clearly communicate their expectations regarding this topic.
Outside of infringing on employees’ religious or cultural attire, as well as any workplace safety requirements, employers should be positioned to communicate the specific parameters of the summer months’ dress code. Will a relaxed dress code be implemented as soon as the weather becomes warmer, or during a set timeframe (such as Memorial Day through Labor Day)? Will employees be required to continue the regular dress code when customers and clients visit the office? Will a relaxed dress code be incorporated throughout the entire week or just on Fridays? These are all questions that may need to be addressed in the dress code policy. It is recommended, too, that employees receive communication, (perhaps in the form of a written memorandum) addressing permissible attire as well as garments that are expressly prohibited to be worn in the workplace. Asking employees to sign off physically or electronically on this reminder is suggested in order to verify that your employees have acknowledged receipt of the personal appearance policy.
By clearly addressing the expectations of workplace attire, employers will promote their requirements regarding employee appearance and ensure that the policy is communicated consistently to all employees. Such communication ensures that employees comprehend the Company’s position regarding dress code requirements as well as the consequences that will result if employees fail to adhere to the Dress Code policy.
Paying for Travel Time or Mileage
Q:Should employers pay for employees’ driving time or reimburse them at the IRS mileage rate?
A: Although private employers in most states are not required by law to reimburse employees for mileage pertaining to work-related private vehicle use, many find it beneficial to do so. Businesses enjoy a significant tax break for mileage and vehicle maintenance reimbursement, and many companies find that offering this perk helps them attract and retain talented employees. However, if non-exempt employees are driving as a part of their work duties, it is imperative to ensure that they are being compensated during the time that they are traveling from one work location to another, as they are engaged in job-related duties. Whatever policies your organization adopts in this regard, it is important to ensure that you are consistent in your practices so that any employee who travels as a part of his or her work duties is compensated fairly as well as in line with the Fair Labor Standards Act (FLSA) and applicable state law.
“But it’s my Cousin’s Wedding”: Managing Vacation Requests
It is often difficult to strike that perfect balance between allowing employees some degree of flexibility to take vacations, while ensuring adequate coverage in the workplace. Employers also find it difficult to juggle multiple vacation requests around popular vacation times. Below we have listed a few tips, suggestions and best practices to ensure the vacation plan works well for both the employer and its employees.
If your business is highly seasonal in nature, you may wish to enact a policy requiring employees to use all or a specific amount of vacation during the slow months. For example, if your workflow significantly decreases in the first quarter of the year, you may consider stating in your vacation policy that employees are required to use at least half of their annual vacation allotment during this time period. The same holds true for limiting or prohibiting the use of paid vacation during traditionally busy seasons.
It is also suggested to consider ahead of time the procedure to determine which employee(s) will be granted time off when multiple vacation requests are submitted for the same dates. Some methods employers incorporate to make these difficult decisions are approving vacation leave on a “first come, first served” basis or using seniority as the deciding factor.
Employers are permitted to designate vacation time based on the needs of the organization. Employers that close for certain weeks during the year often use this method of vacation management. For example, if the company closes for the week between Christmas Day and New Year’s Day, the company may require all employees to save five days of vacation time to use during this period.
With respect to notification of vacation time requests, many employers request a specific amount of time, such as a minimum of two weeks’ notice of submission for time off from work. Other employers prefer to plan vacations on a yearly basis and ask employees to submit all vacation requests for the calendar year in January.
Whatever methods the organization applies for handling vacation requests, we recommend that the management team clearly communicates the company’s policy and reasoning behind it to employees so they may plan their vacations accordingly. Clear communication and consistent application of the vacation policy are crucial to avoid potential morale problems or discrimination charges based on the administration of the organization’s vacation policy.
Tool of the Month:
Travel Time Guide
Employers should understand and apply proper determinations impacting compensable “travel-time” for non-exempt employees who travel as a part of their job duties. Under the Fair Labor Standards Act (FLSA) a non-exempt employee must be paid for all hours the employee is “suffered or permitted to work.” Utilize the Travel Time Guide to understand compensable time in the following circumstances:
Home to work travel
- Travel during the workday/in-town
- Overnight travel
- Same day travel/out of town
HR Cast of the Month
Conducting Employee Terminations on the Phone vs. In-Person
Employee terminations are never an easy process. At times it may be appropriate to conduct a termination meeting over the telephone rather than in-person. Depending on the circumstances, as well as preserving the departing employee’s dignity and taking safety into consideration, at times a termination conducted over the telephone rather than in-person may be the best strategy for a particular situation.
On May 15th, be sure to visit the HR Support Center, and listen to this month’s HRCast to learn more about this topic.
HR Tip of the Month
New Hire Reporting Processes – Getting Your Employee on Board
As an employer, you and your hiring managers know the extensive process of hiring new employees. New Hire reporting is a process by which an employer reports information on newly hired employees to a designated state agency following the date of hire. As an employer, you play a key role in this important program by reporting all your newly hired employees to your state. It is important to ensure that either you or your payroll provider is performing this task each time you hire a new employee. State agencies operating employment security, child support enforcement and workers’ compensation programs have access to the state New Hire information to enforce the laws and detect and prevent erroneous benefit payments.
Did you know
87%
Only 14% of employers cite a credit check as the most important factor in a hiring decision; however, 87% of employers also cited previous work experience as the most important criteria amongst other factors during hiring decisions.
Source: CNN Money, March 2013
Quote of the Month
“Imagination is everything. It is the preview of life’s coming attractions” –Albert Einstein
A Look Ahead
May 1st – 31st:
- Asthma & Allergy Awareness
- Month Skin Cancer Awareness Month
- Breathe Easy and Clean Air Month
- Asian/Pacific American Heritage Week (1st Week)
- Teacher Appreciation Week (1st Week)
- National Police Week (3rd Week)
May 1: May Day (Declared by President Dwight D. Eisenhower as Law Day)
May 1: Worthy Wage Day (Child Care Providers)
May 2: Brother and Sisters Day
May 5: Cinco de Mayo
May 7: National Teacher’s Day
May 8: National School Nurse Day
May 8: National Receptionist Day
May 12: Mother’s Day
May 17: National Defense Transportation Day
May 18: Armed Forces Day
May 22: National Maritime Day
May 27: Memorial Day (observed)
May 29: Former President John F. Kennedy (JFK)’s Birthday (1917)
May 31: World No Tobacco Day
Contact Us
Paragon Business Services, Inc.
7610 N Stemmons Frwy
Suite 600
Dallas,TX 75247
Additional Contacts
Phone: 866-444-4615
Fax: 214-951-1920
Legal Disclaimer: This message does not and is not intended to contain legal advice, and its contents do not constitute the practice of law or provision of legal counsel. The sender cannot be held legally accountable for actions related to its receipt.
Paragon Business Services, Inc 